RAJENDRA PRASAD Vs. STATE

JUDGEMENT

(1.) Hon'ble Mrs. Kapur J. in her order dated 7.1.1993 expressed her anguish in the manner that the trial is proceeding. She directed the trial court to submit the report of proceedings within three months to this Court. She also directed that in case the transfer petition is pending, the trial court should seek instructions from the learned Sessions Judge in this respect which means that she wanted that the trial to be completed by that period and if not, at least, to know the progress of the case. A copy of this order had been sent to the concerned Court vide letter No. 212 dated 12.1.1993. It is regrettable that the Presiding Officer has not only not cared to follow the instructions meticulously but has flouted by not informing this Court about the progress of the case. This Court cannot remain a silent spectator to such an indiscipline. Accused cannot be kept in Jail for no fault on his part.

(2.) I, therefore, allow this bail application, since the accused is in Jail ever since Dec. 1991 and trial has not yet started or commenced. I, therefore, deem it just and proper to release the petitioner on bail. It is ordered that Rajendra Prasad is enlarged on bail on his furnishing a personal bond in the sum of Rs. 10,000.00 with two sureties in the sum of Rs. 5,000.00 each to the satisfaction of the learned Additional Sessions Judge No. 1, Sri Ganganagar, Camp Karanpur, to appear in his Court as and when required if not required in any other case. The Registrar shall call for the explanation of the concerned Court.